Ralph McFalls v. C. C. Peyton, Superintendent of the Virginia State Penitentiary

Fourth Circuit

Ralph McFalls v. C. C. Peyton, Superintendent of the Virginia State Penitentiary

401 F.2d 890

CourtCourt of Appeals for the Fourth Circuit

DecidedOctober 29, 1968

Docket11567_1

StatusPublished

Cited by15 cases

This text of 401 F.2d 890 (Ralph McFalls v. C. C. Peyton, Superintendent of the Virginia State Penitentiary) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ralph McFalls v. C. C. Peyton, Superintendent of the Virginia State Penitentiary, 401 F.2d 890 (4th Cir. 1968).

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Opinion

PER CURIAM:

Court-assigned counsel in this habeas corpus case has earnestly presented claims of constitutional deprivation in the circumstances under which the defendant was. brought to trial in the state court and in trial counsel’s failure to make a number of objections, which the habeas attorney thinks should have been interposed. We find no such deprivations in the record, however, for, in general, there was a rational basis for what trial counsel did and refrained from doing. His performance was far from the low level, which, in the constitutional sense, is the equivalent of a denial of counsel.

Affirmed.

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PER CURIAM:

Court-assigned counsel in this habeas corpus case has earnestly presented claims of constitutional deprivation in the circumstances under which the defendant was. brought to trial in the state court and in trial counsel’s failure to make a number of objections, which the habeas attorney thinks should have been interposed. We find no such deprivations in the record, however, for, in general, there was a rational basis for what trial counsel did and refrained from doing. His performance was far from the low level, which, in the constitutional sense, is the equivalent of a denial of counsel.

Affirmed.

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Bluebook (online)

401 F.2d 890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ralph-mcfalls-v-c-c-peyton-superintendent-of-the-virginia-state-ca4-1968.

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